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Terms & Conditions
The content of this site and purchase transactions are administered by Pisces Marine Ltd. (“PML”). Please review the following terms and conditions before using this site. Use of this site constitutes your agreement and acceptance to these terms and conditions. PML reserves the right to update and/or modify these terms and conditions without prior notice. We encourage all users to review these terms and conditions upon each use.
COPYRIGHTS & TRADEMARKS
The copyright laws governing this site prohibit any copying, redistributing, retransmitting, republishing or repurposing of any copyright-protected material. You may download information from this site for your personal, non-commercial use, provided that you do not copy or redistribute it. If you wish to copy, redistribute, or republish information from this site, you must obtain written permission from PML and/or OnlineOutboards.ca, which may include paying a fee. We reserve the right to withhold permission for any reason. Designated trademarks and brands are the property of their respective owners. When necessary, PML and OnlineOutboards.ca, has received written permission to make use of other copyrighted information or registered trademarks such as but not limited to, Nissan Marine and Tohatsu Outboards logos, charts, images, and product descriptions.
All trademarks, service marks and trade names of PML or OnlineOutboards.ca used herein, including but not limited to the PML word or the OnlineOutboards.ca word, are trademarks or registered trademarks of PML and OnlineOutboards.ca, respectively.
In the event that product information or pricing information is listed incorrectly due to a typographical error or error in information we have received from our suppliers, PML shall not be held liable for the error and reserves the right to refuse or cancel the order. In the event your order transaction is completed and then cancelled you will be issued a credit for the full amount you were charged.
All orders are subject to product availability. In the event you place an order with PML through the OnlineOutboards.ca website or other means, and a product is out of stock, you will be notified and given the option to backorder or cancel your order before you are charged. While we strive to fill every order in a timely manner, product availability cannot be guaranteed and PML will not be held responsible for any losses, costs, damages, charges or expenses resulting from lack of product availability. We will endeavor to deliver all products within the times estimated but products are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates we specify for the delivery of products are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods. Reasonable delays in the delivery of goods that are outside the control of PML are not to be considered basis for waiver of the cancellation provision contained herein.
PML accepts Visa, MasterCard, and Interac e-Transfer. Please note that PML does not accept COD requests.
PML is required to collect the following taxes based on the province of the shipping address:
- NB: HST (13%)
- NL: HST (13%)
- NS: HST (15%)
- ON: HST (13%)
- PEI: HST (14%)
- All Other: GST (5%)
Freight damage must be reported to the freight company, indicated on the waybill and PML must be notified within 24 hours of receipt of goods. In the event a product was damaged during shipment and proper notification was given to PML, PML will file a damage claim with the carrier and provide replacement parts (in the case of minor damage, such as a cracked cowling) or provide a complete replacement unit in more severe cases. Unlike many other online retailers of outboards, PML will file and complete all damage claims with the carrier on your behalf. Damage or loss of goods that are outside the control of PML is not to be considered basis for waiver of the cancellation provision contained herein.
CANCELLATIONS / REFUSED OR UNDELIVERABLE SHIPMENTS
This section applies to purchases that have been processed but have not yet been shipped by PML. If shipment of goods has occurred, see the “PRODUCT EXCHANGES & RETURNS” section below. Purchase cancellations will require cancellation request in writing via email or fax. If your purchase has already been processed, a restocking fee will be assessed and shipping will not be refunded. Outboard engines will be assessed a 15% restocking fee, all other purchases (such as parts) will be assessed a 25% restocking fee.
PRODUCT EXCHANGES & RETURNS
There are no exchanges or returns on goods sold. Any defects in workmanship on the goods is covered under the manufacturers limited warranty. See “PRODUCT WARRANTIES AND WARRANTY CURE PROCEDURE” section below
Purchaser is responsible for safe and legal operation of products purchased from PML and PML makes no representation that a product is legal for operation in purchaser’s province and/or local municipality. Purchaser should ensure product is safe and legal for operation in intended location, prior to product purchase and use. PML strongly encourages all users to read and fully understand the owner’s/operating manual provided with product(s) prior to product use. The owner’s/operating manual contains important safety information.
PRODUCT WARRANTIES AND WARRANTY CURE PROCEDURE
All products sold by PML via this website or otherwise, carry a full manufacturer’s warranty, unless otherwise stated. These product warranties are provided solely by the manufacturer and PML does not warrant any products sold via this website or otherwise. Product warranties are provided by, backed, and administered by the manufacturer of the product(s) only. Product warranty obligations are set forth and are limited to those found in printed warranty literature included with the product(s) and/or as provided on the manufacturers’ websites. Defective products must be addressed via the applicable manufacturer’s warranty policy associated with that product. Outboard engines are repaired through a network of authorized dealers located throughout the U.S. and Canada. Outboard warranties require purchaser to transport the outboard to an authorized dealer for inspection and/or repair under the terms of the manufacturer’s warranty. Transportation costs are not covered by any warranty, unless otherwise stated. PML disclaims all other warranties, express, implied or statutory, including the warranties of merchantability or fitness for a particular purpose.
GENERAL USE OF WEBSITE
Harassment in any manner, including via e-mail, telephone contact or by obscene or abusive language is strictly forbidden. Solicitation of any type and in any manner is forbidden. Impersonation of others, including a PML or other licensed employee, host, contractor, agent, or representative as well as other members or visitors on the website is strictly prohibited. You may not upload to, distribute, or otherwise publish through the web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the web site or use the website to solicit others to join or become members of any other commercial online service or other organization.
In an attempt to provide increased value to our users, PML may choose to provide content that offers various third-party website links throughout this website. However, even if the third-party is affiliated with PML, PML has no control over these linked websites, which each have separate privacy and data collection practices, independent of PML. PML, has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of website content and the links placed upon this site and therefore we request feedback on not only this website, but also for websites we link to (including any specific link that does not work).
This website and the material and products in this website are provided “AS IS” or “AS AVAILABLE” basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PML and OnlineOutboards.ca disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PML and OnlineOutboards.ca do not represent or warrant that the functions contained in the website will be uninterrupted or free of error, that defects will be corrected, or that website or host servers are free of viruses or other harmful components. PML and OnlineOutboards.ca do not make any warranties or representations with regard to use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
TERM AND TERMINATION
These terms and conditions are applicable to you upon your accessing the web site and/or completing a purchase transaction. These terms and conditions, or any of them, may be terminated by PML and/or OnlineOutboards.ca, without notice at any time and for any reason. The provisions relating to Copyrights & Trademarks, Disclaimer, Limitation of Liability, and Indemnification, shall survive any termination.
LIMITATION OF LIABILITY
PML and OnlineOutboards.ca shall not be held liable for any special or consequential damages that result from the use of, or the inability to use, the material on this website or the performance of the products, even if PML and OnlineOutboards.ca have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold harmless PML and OnlineOutboards.ca, its officers, directors, employees, contractors, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the web site on your behalf.
The content of this site and purchase transactions are administered by PML, with operations based in the province of Ontario, Canada. This agreement and any purchase transactions arising from the use of this website shall be governed in accordance with the laws of the province of Ontario. You agree to submit to the jurisdiction and venue of the federal and/or provincial courts of Ontario for any dispute, claim or cause of action involving the content of this website or any purchase transaction arising from the use of this website.